WVC 53-1-1
§53-1-1. When writ of prohibition lies as matter of right.
The writ of prohibition shall lie as a matter of right in all
cases of usurpation and abuse of power, when the inferior court has
not jurisdiction of the subject matter in controversy, or, having
such jurisdiction, exceeds its legitimate powers.

WVC 53-1-2
§53-1-2. Jurisdiction of writs of mandamus and prohibition; by
whom rule to show cause or peremptory writ issued.
Jurisdiction of writs of mandamus and prohibition (except
cases whereof cognizance has been taken by the supreme court of
appeals or a judge thereof in vacation), shall be in the circuit
court of the county in which the record or proceeding is to which
the writ relates. A rule to show cause as hereinafter provided for
may be issued by a judge of a circuit court or of the supreme court
of appeals in vacation. A writ peremptory may be awarded by a
circuit court or a judge thereof in vacation, or by the supreme
court of appeals in term.

WVC 53-1-3
§53-1-3. Application for mandamus or prohibition.
Application for a writ of mandamus or a writ of prohibition
shall be on verified petition.

WVC 53-1-4
§53-1-4. Contents of petition.
The petition shall state plainly and concisely the grounds of
the application, concluding with a prayer for the writ.

WVC 53-1-5
§53-1-5. When rule to show cause issued; copy of petition to
accompany service of rule; when rule returnable.
The court or judge to whom the petition in mandamus or
prohibition is presented shall, if the petition makes a prima facie
case, issue a rule against the defendant to show cause why the writ
prayed for should not be awarded. A copy of the petition shall
accompany service of the rule. Such rule shall be returnable at a
time to be fixed by the court or judge.

WVC 53-1-6
§53-1-6. How defense made; reply; amendments.
If the defendant appear and make defense, such defense may be
by demurrer, or answer on oath, to the petition, or both, such
answer to be subject to demurrer by the petitioner or relator.
Reply may be made when proper. The court or judge may permit
amendments as in other cases.

WVC 53-1-7
§53-1-7. Adjournment.
When the case is before the judge of a circuit court in
vacation, he may adjourn it from day to day, or from time to time,
until finally disposed of.

WVC 53-1-8
§53-1-8. Award or denial of writ; costs.
The writ peremptory shall be awarded or denied according to
the law and facts of the case, and with or without costs, as the
court or judge may determine.

WVC 53-1-9
§53-1-9. Suspension of proceedings where prohibition applied for.
On petition for a writ of prohibition, the circuit court, or
judge in vacation, or the supreme court of appeals, or a judge
thereof in vacation, may, at any time before or after the
application for the writ is made, if deemed proper, make an order,
a copy of which shall be served on the defendant, suspending the
proceedings sought to be prohibited until the final decision of the
cause.

WVC 53-1-10
§53-1-10. Certification of proceedings in vacation; entry in order
book.
When the proceedings on the petition are had before the judge
of the circuit court in vacation, he shall certify the same, and
any judgment or order made by him in the case, to the clerk of the
court, and they shall be entered by the clerk in the order book on
the law side of the court, and have the same force and effect as if
had or made and entered in term.

WVC 53-1-11
§53-1-11. Service of writ; how obedience to writ enforced.
Service of a copy of the order awarding the writ shall be
equivalent to service of the writ, and obedience to the writ or
order may be enforced by process of contempt in vacation in like
manner as in term.

WVC 53-1-12
§53-1-12. Distribution of levy under mandamus to satisfy judgment
against a political subdivision.
Wherever a writ of mandamus, issued to enforce the laying of
a levy to satisfy a judgment against a political subdivision of the
state, would produce a disturbance in the administration of the
financial affairs of the political subdivision not necessary to the
protection and enforcement of the right of the creditor, the court
may order that the levy be distributed equally over a period of
years not to exceed ten, and shall allow the creditor interest, not
in excess of the legal rate, upon the installments.

WVC -2-
ARTICLE 2. QUO WARRANTO.

WVC 53-2-1
§53-2-1. In what cases quo warranto awarded.
A writ of quo warranto may be awarded and prosecuted in the
name of the state of West Virginia, at the instance of the attorney
general, or prosecuting attorney of any county, in any of the
following cases: (a) Against a corporation for a misuse or nonuse
of its corporate privileges and franchises, or for the exercise of
a privilege or franchise not conferred upon it by law, or where a
certificate of incorporation has been obtained by it for a
fraudulent purpose, or for a purpose not authorized by law; (b)
against a person for the misuse or nonuse of a privilege and
franchise conferred upon him by or in pursuance of law; (c) against
any person or persons acting as a corporation without authority of
law; (d) against any person who shall intrude into or usurp any
public office.

WVC 53-2-2
§53-2-2. Application for writ.
Whenever the attorney general or prosecuting attorney of any
county is satisfied that a cause exists therefor he may, at his own
instance, or at the relation of any person interested, apply by
petition to the circuit court, or the judge thereof in vacation, of
the county wherein the seat of government is, or of the county
wherein the cause, or any part thereof, for the issuing of such
writ arose, to have such writ issued, and shall state therein the
reason therefor. Whenever such writ is issued at the relation of
any person, the petition shall be to the circuit court, or the
judge thereof in vacation, of the county wherein the seat of
government is, or of the county wherein the cause, or any part
thereof, for the issuing of such writ arose, as the relator may
elect. Any such writ may be awarded either by the circuit court or
by the judge thereof in vacation.

WVC 53-2-3
§53-2-3. Award of writ; signing and attestation; bond.
If, in the opinion of the court, or the judge thereof in
vacation, the reasons so stated in the petition are sufficient in
law, the court, or judge thereof in vacation, shall award such writ
and the same shall be signed by the judge of such court and
attested by the clerk thereof. But if such writ be awarded at the
relation of any person, it shall not be issued until the relator
shall give bond with good security, to be approved by the court or
judge, in such penalty as the court or judge shall prescribe, with
condition that the relator will pay all such costs and expenses as
may be incurred by the state in the prosecution of such writ, in
case the same shall not be recovered from and paid by the defendant
therein.

WVC 53-2-4
§53-2-4. Information in the nature of writ of quo warranto.
In any case in which a writ of quo warranto would lie, the
attorney general or prosecuting attorney of any county, at his own
instance or at the relation of any person interested, or any person
interested, may, in the name of the state of West Virginia, apply
to any such court or judge thereof in vacation as is mentioned in
the second section of this article for leave to file an information
in the nature of a writ of quo warranto for any of the causes and
against any of the corporations, officers, or persons mentioned in
the first section of this article, and he shall, at the time of his
application, present to the court or judge the information he
proposes to file. If, in the opinion of such court or judge, the
matters stated in such information are sufficient in law to
authorize the same to be filed, an order shall be made filing the
same and awarding a summons against the defendant named therein to
answer such information. But if the leave to file such information
be asked on the relation of any person, or by any person at his own
instance, the summons thereon shall not be issued by the clerk
until such relator or person shall give the bond and security
required by the next preceding section. A copy of every such
information, if not made out and filed therewith, shall be made out
by the clerk, and such copy shall be delivered to the officer to
whom the summons is delivered to be served, and shall be served on
the defendant or one of the defendants named in the summons.

WVC 53-2-5
§53-2-5. Service of writ or summons.
Every such writ or summons shall be served as provided in
article two, chapter fifty-six of this code, and if it be against
a corporation, it shall be served on some of the persons mentioned
in sections thirteen and fourteen of article three, chapter
fifty-six of this code; and if service thereof cannot otherwise be
made upon any defendant named in such writ or summons, it may be
made by publication as prescribed in said last-named article.

WVC 53-2-6
§53-2-6. Judgment when defendant fails to appear; defendant may
have judgment set aside and make defenses where
service by publication; pleading where defendant
appears.
If the defendant named in such writ or information fail to
appear after the service thereof as aforesaid, the court may hear
proof of the allegations of the petition or information, and if
such allegations be sustained, the court shall give judgment
accordingly. But if the service be made by publication, the
defendant against whom such judgment is rendered, upon giving bond
and security as provided in section three of this article, may, at
the next term of the court or within such additional time as the
court may allow, on petition filed for the purpose, have the
judgment against him set aside, and make such defense as he or it
may have thereto. If the defendant appear before the end of the
term next after the service of the writ or summons, or thereafter
before judgment is rendered against him, he may demur or plead not
guilty, or both, to such writ, or demur or answer in writing, or
both, to such information, and every allegation contained in such
information which is not denied by such answer shall be taken as
true and no proof thereof shall be required.

WVC 53-2-7
§53-2-7. Verdict; judgment; costs; attorney's fee.
If upon the trial of such writ or information the defendant be
found guilty, or not guilty, of any of the charges therein, the
verdict shall be "guilty," or "not guilty," as the case may be; but
if he be found guilty as to a part of such charges only, the
verdict shall be guilty as to such charges and shall particularly
specify the same, and as to the residue of such charges the verdict
shall be "not guilty." Against a defendant so found guilty, the
court shall give such judgment as is appropriate and authorized by
law, and for the costs incurred in the prosecution of such writ or
information, including an attorney's fee of not less than ten nor
more than fifty dollars, to be fixed by the court.

WVC 53-2-8
§53-2-8. Receivership for property of dissolved corporation.
If, by the judgment of the court rendered as aforesaid, a
corporation, or pretended corporation, be dissolved, the court may
appoint a receiver of the property of such corporation or pretended
corporation, as provided in sections one and two, article six of
this chapter, and may make all such other orders in relation
thereto as may be necessary for the preservation and safekeeping of
such property.

WVC -3-
ARTICLE 3. CERTIORARI.

WVC 53-3-1
§53-3-1. Jurisdiction.
Jurisdiction of writs of certiorari (except such as may be
issued from the supreme court of appeals, or a judge thereof in
vacation) shall be in the circuit court of the county in which the
record or proceeding is, to which the writ relates. Any such writ
may be awarded either by the circuit court or by the judge thereof
in vacation.

WVC 53-3-2
§53-3-2. When certiorari lies.
In every case, matter or proceeding, in which a certiorari
might be issued as the law heretofore has been, and in every case,
matter or proceeding before a county court, council of a city, town
or village, justice or other inferior tribunal, the record or
proceeding may, after a judgment or final order therein, or after
any judgment or order therein abridging the freedom of a person, be
removed by a writ of certiorari to the circuit court of the county
in which such judgment was rendered, or order made; except in cases
where authority is or may be given by law to the circuit court, or
the judge thereof in vacation, to review such judgment or order on
motion, or on appeal, writ of error or supersedeas, or in some
manner other than upon certiorari; but no certiorari shall be
issued in civil cases before justices where the amount in
controversy, exclusive of interest and costs, does not exceed
fifteen dollars.

WVC 53-3-3
§53-3-3. Contents of record; removal of record to circuit court;
review.
In every case, matter or proceeding before a county court,
council, justice or inferior tribunal, in which a writ of
certiorari would lie according to the provisions of the preceding
section, the majority of the commissioners composing a court, or
the justice or the officer or officers presiding over such council
or other inferior tribunal, shall, upon request of either party in
a civil case, matter or proceeding, or the defendant in a criminal
case, matter or proceeding, certify the evidence, if any, which may
have been heard, and sign bills of exceptions, or certificates as
provided in section thirty-six, article six, chapter fifty-six of
this code, setting forth any rulings or orders which may not
otherwise appear of record. Such certificate of evidence and bills
of exceptions or certificates shall be part of the record and as
such be removed and returned to the circuit court. The clerk upon
receiving such record shall file the same and docket the case, in
the same manner that other cases are docketed. Upon the hearing,
such circuit court shall, in addition to determining such questions
as might have been determined upon a certiorari as the law
heretofore was, review such judgment, order or proceeding, of the
county court, council, justice or other inferior tribunal upon the
merits, determine all questions arising on the law and evidence,
and render such judgment or make such order upon the whole matter
as law and justice may require. But all such cases removed as
aforesaid from before a justice to the circuit court, wherein the
amount in controversy is more than fifteen dollars, and in which the judgment of the justice is set aside, shall be retained in such
court and disposed of as if originally brought therein.

WVC 53-3-4
§53-3-4. Award of certiorari in vacation; habeas corpus in aid
thereof.
Such writs may be awarded by the judge of such circuit court
in vacation; and, in case of an order abridging the freedom of a
person, may be returned and heard and determined by the judge of
such circuit court in vacation, if reasonable notice of such
hearing shall have been given the other party; and such court or
judge may grant a writ of habeas corpus in aid of such certiorari.

WVC 53-3-5
§53-3-5. Stay of proceedings on judgment or order removed by
certiorari -- Bond.
A writ of certiorari shall not operate to suspend the judgment
or order removed thereby, or proceedings on such judgment or order,
except in a criminal case, until the party applying therefor, or
someone for him, shall file in the office of the clerk of the
circuit court a bond payable to the state of West Virginia, with
security approved by such clerk, in a penalty to be prescribed by
the court or judge awarding the writ, conditioned to perform and
satisfy such judgment or order as may be rendered or made by the
circuit court, and to pay all such damages and costs as may be
awarded to any party by such court or judge, and with any further
condition which such court or judge may prescribe.

WVC 53-3-6
§53-3-6. Same -- Duration.
When such bond as is mentioned in the next preceding section
is filed, the writ of certiorari shall operate to stay all
proceedings upon the judgment or order removed by the writ, and all
further proceedings before the county court, justice or other
inferior tribunal in the case, matter or proceeding in which it was
awarded, until the final determination of the matter by the circuit
court, except as to any order or sentence abridging the freedom of
a person; but the court or judge may let such party to bail, as in
other cases.

WVC -4-
ARTICLE 4. HABEAS CORPUS.

WVC 53-4-1
§53-4-1. When and by whom writ granted.
The writ of habeas corpus ad subjiciendum shall be granted
forthwith by the supreme court of appeals, or any circuit court, or
any other court given power by any particular statute to grant the
same, or any judge of either court in vacation, to any person who
shall, by himself or by someone in his behalf, apply for the same
by petition, showing by affidavit or other evidence probable cause
to believe that he is detained without lawful authority.

WVC 53-4-2
§53-4-2. To whom writ directed; return of writ.
The writ shall be directed to the person in whose custody the
petitioner is detained and made returnable as soon as may be. If
the writ be ordered by any court or judge other than the supreme
court of appeals or a judge thereof, it shall be returnable before
the court or judge ordering it, if such court or judge be of the
county wherein the petitioner is detained; otherwise, before a
proper court or judge of the county wherein the petitioner is
detained. If the writ be ordered by the supreme court of appeals
or a judge thereof, it may be made returnable either before such
court or before a proper court or judge of the county wherein the
petitioner is detained.

WVC 53-4-3
§53-4-3. Bond may be required of petitioner.
The court or judge granting the writ may previously require
bond with security in a reasonable penalty, payable to the person
to whom the writ is directed, with condition that the petitioner
will not escape by the way, and for the payment of such costs and
charges as may be awarded against him. It shall be filed with the
other proceedings on the writ and may be sued on for the benefit of
any person injured by the breach of its condition.

WVC 53-4-4
§53-4-4. Service of writ.
The writ shall be served on the person to whom it is directed,
or, in his absence from the place where the petitioner is confined,
on the person having the immediate custody of him.

WVC 53-4-5
§53-4-5. Penalty for disobeying writ.
If any person on whom such writ is served shall, in
disobedience to such writ, fail to bring the body of the
petitioner, with a return of the cause of his detention, before the
court or judge before whom the writ is returnable, for three days
after such service, he shall forfeit to the petitioner three
hundred dollars.

WVC 53-4-6
§53-4-6. When affidavits may be read as evidence.
At the direction of the court or judge, the affidavits of
witnesses taken by either party, on reasonable notice to the other,
may be read as evidence.

WVC 53-4-7
§53-4-7. Judgment.
The court or judge before whom the petitioner is brought,
after hearing the matter both upon the return and any other
evidence, shall either discharge or remand him, or admit him to
bail, as may be proper, and adjudge the costs of the proceedings,
including the charge for transporting the prisoner, to be paid as
shall seem to be right.

WVC 53-4-8
§53-4-8. Facts proved may be made part of record.
All the material facts proved shall, when it is required by
either party, be made a part of the proceedings, which, when they
are had in vacation, shall be signed by the judge and certified to
the clerk of the court in which the judgment is rendered, and be
entered by him among the records of that court.

WVC 53-4-9
§53-4-9. Powers of judge in vacation.
The judge issuing any such writ in vacation, or the judge
before whom it is tried, shall have the same power to enforce
obedience to the writ, to compel the attendance of witnesses, or to
punish contempt of his authority, as a court has; and his judgment
on the trial of the writ, when entered of record as aforesaid,
shall be considered and be enforced as if it were a judgment of the
court among whose records it is entered.

WVC 53-4-10
§53-4-10. Judgment conclusive; exception.
Any such judgment entered of record shall be conclusive,
unless the same be reversed, except that the petitioner shall not
be precluded from bringing the same matter in question in an action
for false imprisonment.

WVC 53-4-11
§53-4-11. Revision of judgment by supreme court of appeals.
If, during the recess of the supreme court of appeals, the
governor or the president of the said court should think the
immediate revision of any such judgment to be proper, he may summon
the court for that purpose to meet on any day to be fixed by him.

WVC 53-4-12
§53-4-12. Disposition of prisoner and proceedings pending writ of
error.
When the prisoner is remanded, the execution of the judgment
shall not be suspended by the writ of error, or suspended for the
purpose of applying for one; but where he is ordered to be
discharged, and the execution of the judgment to be suspended for
the purpose of applying for a writ of error, the court or judge
making such suspending order may, in its or his discretion, admit
the prisoner to bail until the expiration of the time allowed for
applying for the writ of error, or, in case the writ of error be
allowed, until the decision of the supreme court of appeals thereon
is duly certified.

WVC 53-4-13
§53-4-13. Writs of habeas corpus ad testificandum.
Writs of habeas corpus ad testificandum may be granted by any
circuit court, or any court of record of limited jurisdiction other
than a county court, or any judge thereof in vacation, in the same
manner and under the same conditions and provisions as are
prescribed by this article as to granting the writ of habeas corpus
ad subjiciendum, as far as the same are applicable.

WVC -4A-
ARTICLE 4A. POST-CONVICTION HABEAS CORPUS.

WVC 53-4A-1
§53-4A-1. Right to habeas corpus for post-conviction review;
jurisdiction; when contention deemed finally
adjudicated or waived; effect upon other remedies.
(a) Any person convicted of a crime and incarcerated under
sentence of imprisonment therefor who contends that there was such
a denial or infringement of his rights as to render the conviction
or sentence void under the constitution of the United States or the
constitution of this state, or both, or that the court was without
jurisdiction to impose the sentence, or that the sentence exceeds
the maximum authorized by law, or that the conviction or sentence
is otherwise subject to collateral attack upon any ground of
alleged error heretofore available under the common law or any
statutory provision of this state, may, without paying a filing
fee, file a petition for a writ of habeas corpus ad subjiciendum,
and prosecute the same, seeking release from such illegal
imprisonment, correction of the sentence, the setting aside of the
plea, conviction and sentence, or other relief, if and only if such
contention or contentions and the grounds in fact or law relied
upon in support thereof have not been previously and finally
adjudicated or waived in the proceedings which resulted in the
conviction and sentence, or in a proceeding or proceedings on a
prior petition or petitions filed under the provisions of this
article, or in any other proceeding or proceedings which the
petitioner has instituted to secure relief from such conviction or
sentence. Any such petition shall be filed with the clerk of the
supreme court of appeals, or the clerk of any circuit court, said
supreme court of appeals and all circuit courts of this state having been granted original jurisdiction in habeas corpus cases by
the constitution of this state, or with the clerk of any court of
record of limited jurisdiction having criminal jurisdiction in this
state. Jurisdiction is hereby conferred upon each and every such
court of record of limited jurisdiction having criminal
jurisdiction (hereinafter for convenience of reference referred to
simply as a "statutory court") to refuse or grant writs of habeas
corpus ad subjiciendum in accordance with the provisions of this
article and to hear and determine any contention or contentions and
to pass upon all grounds in fact or law relied upon in support
thereof in any proceeding on any such writ made returnable thereto
in accordance with the provisions of this article. All proceedings
in accordance with this article shall be civil in character and
shall under no circumstances be regarded as criminal proceedings or
a criminal case.

(b) For the purposes of this article, a contention or
contentions and the grounds in fact or law relied upon in support
thereof shall be deemed to have been previously and finally
adjudicated only when at some point in the proceedings which
resulted in the conviction and sentence, or in a proceeding or
proceedings on a prior petition or petitions filed under the
provisions of this article, or in any other proceeding or
proceedings instituted by the petitioner to secure relief from his
conviction or sentence, there was a decision on the merits thereof
after a full and fair hearing thereon and the time for the taking
of an appeal with respect to such decision has not expired or has
expired, as the case may be, or the right of appeal with respect to such decision has been exhausted, unless said decision upon the
merits is clearly wrong.

(c) For the purposes of this article, a contention or
contentions and the grounds in fact or law relied upon in support
thereof shall be deemed to have been waived when the petitioner
could have advanced, but intelligently and knowingly failed to
advance, such contention or contentions and grounds before trial,
at trial, or on direct appeal (whether or not said petitioner
actually took an appeal), or in a proceeding or proceedings on a
prior petition or petitions filed under the provisions of this
article, or in any other proceeding or proceedings instituted by
the petitioner to secure relief from his conviction or sentence,
unless such contention or contentions and grounds are such that,
under the constitution of the United States or the constitution of
this state, they cannot be waived under the circumstances giving
rise to the alleged waiver. When any such contention or
contentions and grounds could have been advanced by the petitioner
before trial, at trial, or on direct appeal (whether or not said
petitioner actually took an appeal), or in a proceeding or
proceedings on a prior petition or petitions filed under the
provisions of this article, or in any other proceeding or
proceedings instituted by the petitioner to secure relief from his
conviction or sentence, but were not in fact so advanced, there
shall be a rebuttable presumption that the petitioner intelligently
and knowingly failed to advance such contention or contentions and
grounds.

(d) For the purposes of this article, and notwithstanding any other provisions of this article, no such contention or contentions
and grounds shall be deemed to have been previously and finally
adjudicated or to have been waived where, subsequent to any
decision upon the merits thereof or subsequent to any proceeding or
proceedings in which said question otherwise may have been waived,
any court whose decisions are binding upon the supreme court of
appeals of this state or any court whose decisions are binding upon
the lower courts of this state holds that the constitution of the
United States or the constitution of West Virginia, or both, impose
upon state criminal proceedings a procedural or substantive
standard not theretofore recognized, if and only if such standard
is intended to be applied retroactively and would thereby affect
the validity of the petitioner's conviction or sentence.

(e) The writ of habeas corpus ad subjiciendum provided for in
this article is not a substitute for nor does it affect any
remedies which are incident to the criminal proceedings in the
trial court or any remedy of direct review of the conviction or
sentence, but such writ comprehends and takes the place of all
other common law and statutory remedies, including, but not limited
to, the writ of habeas corpus ad subjiciendum provided for in
article four of this chapter, which have heretofore been available
for challenging the validity of a conviction or sentence and shall
be used exclusively in lieu thereof: Provided, That nothing
contained in this article shall operate to bar any proceeding or
proceedings in which a writ of habeas corpus ad subjiciendum is
sought for any purpose other than to challenge the legality of a
criminal conviction or sentence of imprisonment therefor. A petition for a writ of habeas corpus ad subjiciendum in accordance
with the provisions of this article may be filed at any time after
the conviction and sentence in the criminal proceedings have been
rendered and imposed and the time for the taking of an appeal with
respect thereto has expired or the right of appeal with respect
thereto has been exhausted.

WVC 53-4A-2
§53-4A-2. Petition; contents thereof; supreme court may prescribe
form of petition, verification and writ; duties of
clerk.
A petition seeking a writ of habeas corpus ad subjiciendum in
accordance with the provisions of this article shall identify the
proceedings in which the petitioner was convicted and sentenced,
give the date of the entry of the judgment and sentence complained
of, specifically set forth the contention or contentions and
grounds in fact or law in support thereof upon which the petition
is based, and clearly state the relief desired. Affidavits,
exhibits, records or other documentary evidence supporting the
allegations of the petition shall be attached to the petition
unless there is a recital therein as to why they are not attached.
All facts within the personal knowledge of the petitioner shall be
set forth separately from other allegations, and such facts and the
authenticity of all affidavits, exhibits, records or other
documentary evidence attached to the petition must be sworn to
affirmatively as true and correct. The petition must also identify
any previous proceeding or proceedings on a petition or petitions
filed under the provisions of this article, or any other previous
proceeding or proceedings which the petitioner instituted to secure
relief from his conviction or sentence and must set forth the type
or types of such previous proceeding or proceedings, the contention
or contentions there advanced, the grounds in fact or law assigned
therein for the relief there sought, the date thereof, the forum in
which instituted and the result thereof. Argument, citations and
discussion of authorities shall be omitted from the petition, but may be filed as a separate document or documents. The supreme
court of appeals may by rule prescribe the form of the petition,
verification and the writ itself. The clerk of the court in which
the petition is filed shall docket the petition upon its receipt,
and shall bring the petition and any affidavits, exhibits, records
and other documentary evidence attached thereto to the attention of
the court.

WVC 53-4A-3
§53-4A-3. Refusal of writ; granting of writ; direction of writ; how
writ made returnable; duties of clerk, attorney
general and prosecuting attorney.

(a) If the petition, affidavits, exhibits, records and other
documentary evidence attached thereto, or the record in the
proceedings which resulted in the conviction and sentence, or the
record or records in a proceeding or proceedings on a prior
petition or petitions filed under the provisions of this article,
or the record or records in any other proceeding or proceedings
instituted by the petitioner to secure relief from his conviction
or sentence (if any such record or records are part of the official
court files of the court with whose clerk the petition is filed or
are part of the official court files of any other court within the
same judicial circuit as the court with whose clerk such petition
is filed and are thus available for examination and review by such
court) show to the satisfaction of the court that the petitioner is
entitled to no relief, or that the contention or contentions and
grounds (in fact or law) advanced have been previously and finally
adjudicated or waived, the court shall by order entered of record
refuse to grant a writ, and such refusal shall constitute a final
judgment. If it appears to such court from said petition,
affidavits, exhibits, records and other documentary evidence, or
any such available record or records referred to above, that there
is probable cause to believe that the petitioner may be entitled to
some relief, and that the contention or contentions and grounds (in
fact or law) advanced have not been previously and finally
adjudicated or waived, the court shall forthwith grant a writ, directed to and returnable as provided in subsection (b) hereof.
If any such record or records referred to above are not a part of
the official court files of the court with whose clerk the petition
is filed or are not part of the official court files of any other
court within the same judicial circuit as the court with whose
clerk such petition is filed and are thus not available for
examination and review by such court, the determination as to
whether to refuse or grant the writ shall be made on the basis of
the petition, affidavits, exhibits, records and other documentary
evidence attached thereto.

(b) Any writ granted in accordance with the provisions of this
article shall be directed to the person under whose supervision the
petitioner is incarcerated. Whether the writ is granted by the
supreme court of appeals, a circuit court, or any statutory court
in this state, it shall, in the discretion of the court, be
returnable before (i) the court granting it, (ii) the circuit
court, or a statutory court, of the county wherein the petitioner
is incarcerated, or (iii) the circuit court, or the statutory
court, in which, as the case may be, the petitioner was convicted
and sentenced.

(c) The clerk of the court to which a writ granted in
accordance with the provisions of this article is made returnable
shall promptly bring the petition and any affidavits, exhibits,
records and other documentary evidence attached thereto, and the
writ to the attention of the court if the writ was granted by some
other court, and in every case deliver a copy of such petition and
any affidavits, exhibits, records and other documentary evidence attached thereto and the writ to the prosecuting attorney of the
county, or the attorney general if the writ is returnable before
the supreme court of appeals. The prosecuting attorney or the
attorney general, as the case may be, shall represent the state in
all cases arising under the provisions of this article.

WVC 53-4A-4
§53-4A-4. Inability to pay costs, etc.; appointment of counsel;
obtaining copies of record or records in criminal
proceedings or in a previous proceeding or
proceedings to secure relief; payment of all costs
and expenses; adjudging of costs.
(a) A petition filed under the provisions of this article may
allege facts to show that the petitioner is unable to pay the costs
of the proceeding or to employ counsel, may request permission to
proceed in forma pauperis and may request the appointment of
counsel. If the court to which the writ is returnable (hereinafter
for convenience of reference referred to simply as "the court,"
unless the context in which used clearly indicates that some other
court is intended) is satisfied that the facts alleged in this
regard are true, and that the petition was filed in good faith, and
has merit or is not frivolous, the court shall order that the
petitioner proceed in forma pauperis, and the court shall appoint
counsel for the petitioner. If it shall appear to the court that
the record in the proceedings which resulted in the conviction and
sentence, including, but not limited to, a transcript of the
testimony therein, or the record or records in a proceeding or
proceedings on a prior petition or petitions filed under the
provisions of this article, or the record or records in any other
proceeding or proceedings instituted by the petitioner to secure
relief from his conviction or sentence, or all of such records, or
any part or parts thereof, are necessary for a proper determination
of the contention or contentions and grounds (in fact or law)
advanced in the petition, the court shall, by order entered of record, direct the state to make arrangements for copies of any
such record or records, or all of such records, or such part or
parts thereof as may be sufficient, to be obtained for examination
and review by the court, the state and the petitioner. The state
may on its own initiative obtain copies of any record or records,
or all of the records, or such part or parts thereof as may be
sufficient, as aforesaid, for its use and for examination and
review by the court and the petitioner. If, after judgment is
entered under the provisions of this article, an appeal or writ of
error is sought by the petitioner in accordance with the provisions
of section nine of this article, and the court which rendered the
judgment is of opinion that the review is being sought in good
faith and the grounds assigned therefor have merit or are not
frivolous, and such court finds that the petitioner is unable to
pay the costs incident thereto or to employ counsel, the court
shall, upon the petitioner's request, order that the petitioner
proceed in forma pauperis and shall appoint counsel for the
petitioner. If an appeal or writ of error is allowed, whether upon
application of the petitioner or the state, the reviewing court
shall, upon the requisite showing the request as aforesaid, order
that the petitioner proceed in forma pauperis and shall appoint
counsel for the petitioner. If it is determined that the
petitioner has the financial means with which to pay the costs
incident to any proceedings hereunder and to employ counsel, or
that the petition was filed in bad faith or is without merit or is
frivolous, or that review is being sought or prosecuted in bad
faith or the grounds assigned therefor are without merit or are frivolous, the request to proceed in forma pauperis and for the
appointment of counsel shall be denied and the court making such
determination shall enter an order setting forth the findings
pertaining thereto and such order shall be final.

(b) Whenever it is determined that a petitioner shall proceed
in forma pauperis, all necessary costs and expenses incident to
proceedings hereunder, originally, or on appeal pursuant to section
nine of this article, or both, including, but not limited to, all
court costs, and the cost of furnishing transcripts, shall, upon
certification by the court to the state auditor, be paid out of the
treasury of the state from the appropriation for criminal charges.
Any attorney appointed in accordance with the provisions of this
section shall be paid for his services and expenses in accordance
with the provisions of article twenty-one, chapter twenty- nine of
the code. All costs and expenses incurred incident to obtaining
copies of any record or records, or all of the records, or such
part or parts thereof as may be sufficient, as aforesaid, for
examination and review by the court, the state and the petitioner,
shall, where the petitioner is proceeding in forma pauperis, and
the court orders the state to make arrangements for the obtaining
of same or the state obtains the same on its own initiative, be
paid out of the treasury of the state, upon certification by the
court to the state auditor, from the appropriation for criminal
charges. All such costs, expenses and fees shall be paid as
provided in this subsection (b) notwithstanding the fact that all
proceedings under the provisions of this article are civil and not
criminal in character. In the event a petitioner who is proceeding in forma pauperis does not substantially prevail, all such costs,
expenses and fees shall be and constitute a judgment of the court
against the petitioner to be recovered as any other judgment for
costs.

(c) In the event a petitioner who is not proceeding in forma
pauperis does not substantially prevail, all costs and expenses
incurred incident to obtaining copies of any record or records, or
all of the records, or such part or parts thereof as may be
sufficient, as aforesaid, for examination and review by the court,
the state and the petitioner, shall, where the court orders the
state to make arrangements for the obtaining of same or the state
obtains the same on its own initiative, be and constitute a
judgment of the court against the petitioner to be recovered as any
other judgment for costs. In any case where the petitioner does
not proceed in forma pauperis, the court shall adjudge all costs
and expenses to be paid as shall seem to the court to be right,
consistent with the immediately preceding sentence of this
subsection (c) and with the provisions of chapter fifty-nine of
this code, as amended.

WVC 53-4A-5
§53-4A-5. Service of writ.
Any writ granted in accordance with the provisions of this
article shall be served upon the person to whom it is directed, or,
in his absence from the place where the petitioner is incarcerated,
upon the person having the immediate custody of the petitioner.

WVC 53-4A-6
§53-4A-6. Return; pleadings; amendments.
Within such time as may be specified in the writ or as the
court may fix, the state shall make its return. No other or
further pleadings shall be filed except as the court may order. At
any time prior to entry of judgment on the writ in accordance with
the provisions of this article, the court may permit the petitioner
to withdraw his petition. The court may make such orders as to
amendment of the petition or return or other pleading, as to
pleading over, or filing other or further pleadings, or extending
the time for the making of the return or the filing of other
pleadings, as shall seem to the court to be appropriate, meet and
reasonable. In considering the petition, the return or other
pleading, or any amendment thereof, substance and not form shall
control.

WVC 53 - 4 A- 7
§53-4A-7. Denial of relief; hearings; evidence; record; judgment.
(a) If the petition, affidavits, exhibits, records and other
documentary evidence attached thereto, or the return or other
pleadings, or the record in the proceedings which resulted in the
conviction and sentence, or the record or records in a proceeding
or proceedings on a prior petition or petitions filed under the
provisions of this article, or the record or records in any other
proceeding or proceedings instituted by the petitioner to secure
relief from his conviction or sentence, show to the satisfaction of
the court that the petitioner is entitled to no relief, or that the
contention or contentions and grounds (in fact or law) advanced
have been previously and finally adjudicated or waived, the court
shall enter an order denying the relief sought. If it appears to
the court from said petition, affidavits, exhibits, records and
other documentary evidence attached thereto, or the return or other
pleadings, or any such record or records referred to above, that
there is probable cause to believe that the petitioner may be
entitled to some relief and that the contention or contentions and
grounds (in fact or law) advanced have not been previously and
finally adjudicated or waived, the court shall promptly hold a
hearing and/or take evidence on the contention or contentions and
grounds (in fact or law) advanced, and the court shall pass upon
all issues of fact without a jury. The court may also provide for
one or more hearings to be held and/or evidence to be taken in any
other county or counties in the state.

(b) A record of all proceedings under this article and all
hearings and evidence shall be made and kept. The evidentiary
depositions of witnesses taken by either the petitioner or the
state, on reasonable notice to the other, may be read as evidence.
The court may receive proof by proper oral testimony or other
proper evidence. All of the evidence shall be made a part of the
record. When a hearing is held and/or evidence is taken by a judge
of a circuit court or statutory court in vacation, a transcript of
the proceedings shall be signed by the judge and certified to the
clerk of the court in which the judgment is to be rendered, and be
entered by him among the records of that court. A record of all
proceedings in the Supreme Court of Appeals shall be entered among
the records of such court.

(c) When the court determines to deny or grant relief, as the
case may be, the court shall enter an appropriate order with
respect to the conviction or sentence in the former criminal
proceedings and such supplementary matters as are deemed necessary
and proper to the findings in the case, including, but not limited
to, remand, the vacating or setting aside of the plea, conviction
and sentence, rearraignment, retrial, custody, bail, discharge,
correction of sentence and resentencing, or other matters which may
be necessary and proper. In any order entered in accordance with
the provisions of this section, the court shall make specific
findings of fact and conclusions of law relating to each contention
or contentions and grounds (in fact or law) advanced, shall clearly state the grounds upon which the matter was determined, and shall
state whether a federal and/or state right was presented and
decided. Any order entered in accordance with the provisions of
this section shall constitute a final judgment, and, unless
reversed, shall be conclusive.

(d) Notwithstanding any provision of law to the contrary,
whenever a conviction from a crime of violence is reversed or a
sentence of incarceration for such an offence is vacated pursuant
to the provisions of this article, the prosecuting attorney of the
county of prosecution shall, prior to a retrial or entering into
any plea negotiations or sentence negotiations to resolve the
matter, notify the victim or if the offence was a homicide, the
next of kin of the victim, by United States mail sent to the last
known address of said person, if his or her name and address has
previously been provided to the prosecuting attorney.

WVC 53-4A-8
§53-4A-8. Powers of judges or judge in vacation.
A writ may be granted or refused in accordance with the
provisions of this article by any three concurring judges of the
supreme court of appeals, or a judge of any circuit court or any
statutory court, in vacation as well as by any such court in term,
and any such writ may be made returnable, consistent with the
provisions of subsection (b) of section three of this article, to
the supreme court of appeals in term, or to a judge of a circuit
court or any statutory court in vacation as well as to such court
in term. Although a writ granted in accordance with the provisions
of this article is returnable to a circuit court in term or a
statutory court in term, the contention or contentions and grounds
(in fact or law) advanced, and any incidental matters related
thereto, may be heard and/or determined or passed upon by a judge
of the court in vacation. Any judge of the supreme court of
appeals (where at least three judges of such court concur therein),
or of a circuit court or a statutory court, in vacation shall have
the same power to enforce obedience to the writ, to compel the
attendance of witnesses, or to punish contempt of their or his
authority, as a court has; and the judgment of a judge of a circuit
court or a statutory court in vacation when entered of record shall
be considered and be enforced as if it were a judgment of the court
among whose records it is entered.

WVC 53-4A-9
§53-4A-9. Judicial review; disposition of petitioner pending
appeal.
(a) A final judgment entered under the provisions of this
article by a statutory court may be appealed by the petitioner or
the state to the circuit court of the county upon application for
an appeal or writ of error in the manner and within the time
provided in article four, chapter fifty-eight of this code, as
amended. A final judgment entered under the provisions of this
article by a circuit court or a final judgment entered by the
circuit court after an appeal or writ of error was granted by such
circuit court with respect to the judgment of a statutory court
entered under the provisions of this article, as well as an order
by a circuit court rejecting an appeal from or writ of error to the
judgment of a statutory court entered under the provisions of this
article, may be appealed by the petitioner or the state to the
supreme court of appeals upon application for an appeal or writ of
error in the manner and within the time provided by law for civil
appeals generally. When an application for an appeal or writ of
error is rejected by the circuit court (and the order of rejection
is not appealed to the supreme court of appeals), or the supreme
court of appeals, as the case may be, or both, the order sought to
be reviewed shall thereby become final to the same extent and with
like effect as if said order had been affirmed on appeal.

(b) When the petitioner is remanded, execution of the judgment
entered under the provisions of this article shall not be suspended
by the granting of an appeal or writ of error, or suspended while
the petitioner is applying for an appeal or writ of error. When the petitioner is ordered to be discharged, and execution of the
judgment entered under the provisions of this article is ordered
suspended to permit the state to apply for an appeal or writ of
error, the court making such suspending order may, in its
discretion, admit the petitioner to bail until expiration of the
time allowed for making application for an appeal or writ of error,
or, in case the appeal or writ of error is allowed, until the
decision of the appellate court thereon is duly certified.

WVC 53-4A-10
§53-4A-10. Construction; repeal.
All other pertinent provisions of this code shall be construed
so as to conform to and be consistent with the provisions of this
article. In the event that there are pertinent provisions in this
code so inconsistent with the provisions of this article as to
preclude such construction, such other provisions shall be
considered as having been repealed to the extent of such
inconsistency by the enactment of this article. The provisions of
this article shall be liberally construed so as to effectuate its
purposes.

WVC 53-4A-11
§53-4A-11. Severability.
If any provision of this article or the application thereof to
any person or circumstances is held invalid, such invalidity shall
not affect other provisions or applications of the article which
can be given effect without the invalid provision or application,
and to this end the provisions of this article are hereby declared
to be severable. The Legislature does hereby further declare that
it would have enacted this article even if it had known at the time
of enactment that such provision or application thereof would be
held to be invalid.

WVC -5-
ARTICLE 5. INJUNCTIONS.

WVC 53-5-1
§53-5-1. Injunction for protection of property.
An injunction may be awarded to enjoin the sale of property
set apart as exempt in the case of a husband or parent, under
articles eight and nine, chapter thirty-eight of this code, or to
protect any plaintiff in a suit for specific property, pending
either at law or in equity, against injury from the sale, removal,
or concealment of such property.

WVC 53-5-2
§53-5-2. Forthcoming bond may be required where removal of
property from state enjoined.
A court or judge awarding an injunction to restrain the
removal of property out of the state may require bond to be given
before such officer and in such penalty as it may direct,
conditioned to have the property forthcoming to abide the future
order or decree of the court, and, unless such bond be given, may
order the officer serving its process to take possession of the
property and keep it until the bond be given, or until the further
order of the court.

WVC 53-5-3
§53-5-3. In what courts bill brought.
Jurisdiction of a bill for an injunction to any judgment, act
or proceeding shall, unless it be otherwise specially provided, be
in the circuit court of the county in which the judgment is
rendered, or the act or proceeding is to be done, or is doing, or
is apprehended, and the same may be granted to a judgment of a
justice in like manner and with like effect as to other judgments.

WVC 53-5-4
§53-5-4. General jurisdiction of judge to award injunction.
Every judge of a circuit court shall have general jurisdiction
in awarding injunctions, whether the judgment or proceeding
enjoined be in or out of his circuit, or the party against whose
proceeding the injunction be asked reside in or out of the same.

WVC 53-5-5
§53-5-5. Injunction by judge of supreme court of appeals.
When a circuit court, or a judge thereof, shall refuse to
award an injunction, a copy of the orders entered in the
proceedings in court, and the original papers presented to the
court or to the judge in vacation with his order of refusal, may be
presented to the supreme court of appeals, or a judge thereof in
vacation, who may thereupon award the injunction.

WVC 53-5-6
§53-5-6. Injunction by circuit court or judge where award thereof
refused by court of limited jurisdiction.
When a court of limited jurisdiction authorized to grant
injunctions, or a judge thereof, shall refuse to award an
injunction, a copy of the orders entered in the proceedings in
court, and the original papers presented to the court or to the
judge in vacation, with his order of refusal, may be presented to
the circuit court of the county in which such court of limited
jurisdiction is, or to the judge of such circuit court in vacation,
who may thereupon award the injunction.

WVC 53-5-7
§53-5-7. To what clerk order for injunction directed.
Every order awarding an injunction by a court or judge other
than the court or judge in which or before whom it is to be heard
shall be directed to the clerk of the court in which it is to be
heard.

WVC 53-5-8
§53-5-8. Equity of plaintiff to be shown by affidavit or
otherwise; notice to adverse party; hearing after
injunction awarded or denied; certification of
questions; appeals.
No injunction shall be awarded in vacation nor in court, in a
case not ready for hearing, unless the court or judge be satisfied
by affidavit or otherwise of the plaintiff's equity; and any court
or judge may require that reasonable notice shall be given to the
adverse party, or his attorney at law, or in fact, of the time and
place of moving for it, before the injunction is awarded, if in the
opinion of the court or judge it be proper that such notice should
be given.

After an injunction is awarded or denied in any such case, at
any time prior to final adjudication, any party to the proceedings,
after reasonable notice to all other parties of record, which
notice shall not in any case exceed five days, may move for a
hearing on any particular issues or phases of the case which may
properly be heard interlocutorily. Such hearing may, in the
discretion of the court or judge, be had at the time the motion is
made but shall be commenced within the ten days next thereafter,
unless by consent of all parties appearing the hearing is continued
until a later date. At any such hearing, in term time or in
vacation, any party to the proceedings may be present in person or
by counsel and may present such witnesses, cross-examine witnesses
and offer such testimony and evidence as may be pertinent to the
issues then before the court or judge, as the case may be. The
court or judge, upon such hearing and the record in the case, shall render a decision without delay, and may continue or dismiss the
injunction or may enlarge or modify the same, as may be warranted.

Questions may be certified and appeals may be taken in
injunction proceedings as in any other cases in equity.

WVC 53-5-9
§53-5-9. Injunction bond.
An injunction (except in the case of any personal
representative, or other person from whom, in the opinion of the
court or judge awarding the same, it may be improper to require
bond) shall not take effect until bond be given in such penalty as
the court or judge awarding it may direct, with condition to pay
the judgment or decree (proceedings on which are enjoined) and all
such costs as may be awarded against the party obtaining the
injunction, and also such damages as shall be incurred or sustained
by the person enjoined, in case the injunction be dissolved, and
with a further condition, if a forthcoming bond has been given
under such judgment or decree, to indemnify and save harmless the
sureties in such forthcoming bond and their representatives against
all loss or damages in consequence of such suretyship; or, if the
injunction be not to proceedings on a judgment or decree, with such
condition as such court or judge may prescribe. The bond shall be
given before the clerk of the court in which such judgment or
decree is, and in other cases before the clerk of the court in
which the suit is wherein the injunction is awarded. If the bond
be not given before the summons is issued, the clerk shall indorse
thereon that the injunction is not to take effect until the bond is
given, and the clerk who afterwards takes the bond shall indorse on
the summons that it is given.

WVC 53-5-10
§53-5-10. How surety in forthcoming bond may obtain additional
security.
Any surety in such forthcoming bond, or his personal
representative, may move for and obtain an order for other or
additional security, in like manner as a defendant in the
injunction may do.

WVC 53-5-11
§53-5-11. Dissolution of injunction in vacation.
The judge of any court in which a case is pending wherein an
injunction is awarded may, in vacation, dissolve such injunction,
after reasonable notice to the adverse party. His order for
dissolution shall be directed to the clerk of such court, who shall
record the same in the order book.

WVC 53-5-12
§53-5-12. Damages on dissolution; liability of sureties on
forthcoming bond.
When an injunction to stay proceedings on a judgment or decree
for money is dissolved, wholly or in part, there shall be decreed
to the party having such judgment or decree damages, in lieu of
interest, at the rate of ten percent per annum, from the time the
injunction took effect until such dissolution thereof, on the
amount of principal, interest, and costs due on the judgment or
decree, proceedings on which are enjoined, and, if a forthcoming
bond has been taken in the case, the amount on which such damages
shall be paid shall be the sum due on such bond. And in all cases
the court or judge dissolving the injunction shall ascertain and
enter in the decree of dissolution the amount of principal,
interest, damages and costs, including officer's fees and
commissions due on the judgment or decree, at the date of the
dissolution of the injunction, and shall award execution therefor
against the defendant in the judgment or decree, proceedings on
which were enjoined, or their personal representatives, with
interest thereon from that day till paid, and the costs incurred by
the defendant in the injunction in defending the same. And if a
forthcoming bond has been given in the case, and the same has been
or shall be forfeited, the sureties therein shall be liable for the
costs incurred by the defendant in the injunction, as aforesaid,
and, to the extent of their liability on such forthcoming bond, for
whatever sum remains unpaid on the execution so awarded.

WVC 53-5-13
§53-5-13. Dismissal of bill for injunction.
Where an injunction is wholly dissolved, the bill shall be
dismissed with costs, unless sufficient cause be shown against such
dismission.

WVC -6-
ARTICLE 6. SPECIAL RECEIVERS.

WVC 53-6-1
§53-6-1. Special receiver -- Appointment generally; bond; notice
of application for appointment.
A court of equity may, in any proper case pending therein, in
which funds or property of a corporation, firm or person is
involved, and there is danger of the loss or misappropriation of
the same or a material part thereof, appoint a special receiver of
such funds or property, or of the rents, issues and profits
thereof, or both, who shall give bond with good security to be
approved by the court, or by the clerk thereof, for the faithful
performance of his trust, and for paying over and accounting for,
according to law, all such moneys that may come into his hands by
virtue of his appointment. But no such receiver shall be appointed
of any real estate, or of the rents, issues and profits thereof,
until reasonable notice of the application therefor has been given
to the owner or tenant thereof. A judge of such court in vacation
may appoint such receiver of any such property, except real estate,
and the rents, issues and profits thereof.

WVC 53-6-2
§53-6-2. Same -- Appointment by order of supreme court of appeals
or judge thereof in vacation.
When a circuit court, or judge thereof, shall refuse the
appointment of a receiver as aforesaid, a copy of the orders
entered in the proceedings in court, and the original papers
presented to it, or the judge in vacation, with the order of
refusal, may be presented to the supreme court of appeals, or a
judge thereof in vacation, who may thereupon order the appointment
to be made, and cause such order to be certified to the clerk of
such circuit court, who shall record the same in his chancery order
book, whereupon it shall be the duty of such circuit court or judge
to appoint such receiver, and require the bond as hereinbefore
provided.

WVC 53-6-3
§53-6-3. Same -- Accounting.
Any special receiver shall render an account of the funds or
property of which he is receiver when ordered to do so by the court
wherein the cause in which he is receiver is pending, or by the
judge thereof in vacation. Such accounting shall be before such
court or judge, or before any commissioner in chancery of such
court directed by such court or judge to take and state such
account, and shall constitute a part of the proceedings in such
cause.

WVC -7-
ARTICLE 7. ARRESTS IN CIVIL CASES.

WVC 53-7-1
§53-7-1. Order for arrest -- Affidavit; grounds for arrest.
An order for the arrest of a defendant in any action or
proceeding at law or suit in equity may be made by the court in
which the action, proceeding or suit is pending, or by the judge or
clerk thereof in vacation, upon the affidavit of the plaintiff or
any credible person showing to the satisfaction of the court, or
judge or clerk thereof in vacation, the nature and justice of the
plaintiff's claim, the amount which the affiant believes the
plaintiff is justly entitled to recover in the action, proceeding
or suit, and the existence of some one or more of the following
grounds for the arrest of the defendant: (a) That the defendant
has removed, or is about to remove, any of his property out of the
state with intent to defraud his creditors; or (b) that he has
converted or is about to convert his property or any part thereof
into money or securities with like intent; or (c) that he has
assigned, disposed of or removed his property or any part thereof,
or is about to do so, with like intent; or (d) that he has property
or rights in action which he fraudulently conceals; or (e) that he
fraudulently contracted the debt or incurred the liability for
which the action or suit is brought; or (f) that he is about to
leave the state and reside permanently in another state or country,
without paying the debt or liability for which the action or suit
is brought.

WVC 53-7-2
§53-7-2. Same -- By whom made; plaintiff to give bond.
When sufficient cause shall be shown for the arrest of a
defendant as aforesaid such court, judge or clerk shall make an
order directing the defendant to be arrested and held to bail for
such sum as the said court, judge or clerk shall think fit, and the
plaintiff shall thereupon deliver to the clerk of the court in
which the action is pending a bond in a penalty double the amount
sworn to, executed by himself or some person for him, with one or
more sufficient securities, approved by the clerk, to the effect
that the plaintiff will pay the defendant all damages he may
sustain by reason of the arrest, should it thereafter appear that
the order was wrongfully obtained.

WVC 53-7-3
§53-7-3. Same -- Issuance; form.
Upon the delivery of the bond mentioned in the preceding
section, the clerk shall issue an order for the arrest of the
defendant in form or in substance as follows:

A............... B..............., Plaintiff,

vs.Order of arrest.

C............... D..............., Defendant,

To the sheriff of the county of ..........: You are hereby
required, in the name of the State of West Virginia, to arrest the
defendant, C............... D..............., and commit him to the
jail of the said county of .........., to be there safely kept,
unless or until he shall give a bond, with good security, in the
penalty of .......... dollars, conditioned according to law, and
that you return your proceedings under this order to the next term
of the .......... court (naming the court in which the action,
proceeding or suit is pending) of said county.

Witness E............... F..............., clerk of the said
court, this .......... day of ...........

E............... F..............., Clerk.

WVC 53-7-4
§53-7-4. Arrest and commitment unless bond given by defendant.
Under such order, the defendant against whom it issues shall
be arrested and committed to jail, unless bond be given in the sum
specified therein, with sufficient security, conditioned that, in
case there shall in the action, proceeding or suit be any judgment,
decree or order on which a writ of fieri facias may issue, and
within four months after such judgment, decree or order is rendered
or made, interrogatories be filed under sections one, two and
three, article five, chapter thirty-eight of this code, with a
commissioner of the court wherein such judgment, decree or order
is, the defendant will, at the time the commissioner issues a
summons to answer such interrogatories, be in the county in which
such commissioner resides, and will, within the time prescribed in
such summons, file proper answers upon oath to such
interrogatories, and make such conveyance and delivery as is
required by the said article, or in case of failure to file such
answer and make such conveyance and delivery, that the said
defendant will perform and satisfy the said judgment, decree or
order.

WVC 53-7-5
§53-7-5. To whom bond of defendant may be given; return and filing
thereof.
The defendant arrested under such order may, at any time
pending the case, give bond to the officer making the arrest. Such
bond shall be taken by such officer and returned by him to the
clerk of the court from which the order issued, and the same shall
be filed in such clerk's office.

WVC 53-7-6
§53-7-6. Discharge of defendant or bond.
If the defendant give such bond, or be committed to jail for
want of it, the court in which the case is pending, or the judge
thereof in vacation, may, after reasonable notice to the plaintiff,
or his attorney, quash the order and discharge the defendant from
custody, or discharge the bond, on being satisfied that the order
was wrongfully obtained; and, whether the order was so obtained or
not, may discharge him from custody when the plaintiff is cast in
the action, proceeding or suit.

WVC 53-7-7
§53-7-7. Interrogatories to defendant in custody; discharge of
defendant.
While a defendant is in custody, the plaintiff, without having
a judgment or decree against the defendant, may file
interrogatories to him in like manner as might be done under
sections one, two and three, article five, chapter thirty-eight of
this code, if such judgment or decree had been obtained and a fieri
facias thereon had been delivered to an officer. And the court
wherein the case is pending, or a judge or a commissioner thereof,
after reasonable notice to the plaintiff, or his attorney may
discharge the defendant from custody, unless interrogatories be
filed within such time as such court, judge or commissioner may
deem reasonable; or, though interrogatories be filed, may discharge
him when proper answers thereto are filed and proper conveyance and
delivery made.

WVC 53-7-8
§53-7-8. Conveyance or other disposition of property.
The officer making the arrest shall be the officer to whom the
conveyance shall be made: Provided, That if for any reason it
cannot or should not be made to him, it shall be made to such other
officer as the court or judge may direct. The interrogatories,
answers and report of the commissioner shall be returned to the
court in which the case is pending and filed in the papers of such
case. And such court may make such order as it may deem right as
to the sale and proper application of the estate conveyed and
delivered under the preceding section.

(1) Final personal safety order. -- "Final personal safety
order" means a personal safety order issued by a magistrate under
section seven of this article.

(2) Incapacitated adult. -- "Incapacitated adult" means any
person who by reason of physical, mental or other infirmity is
unable to physically carry on the daily activities of life
necessary to sustaining life and reasonable health.

(3) Law-enforcement officer. -- "Law-enforcement officer"
means any duly authorized member of a law-enforcement agency who is
authorized to maintain public personal safety and order, prevent
and detect crime, make arrests and enforce the laws of the state or
any county or municipality thereof, other than parking ordinances.

(4) Petitioner. -- "Petitioner" means an individual who files
a petition under section four of this article.

(5) Place of employment. -- "Place of employment" includes
the grounds, parking areas, outbuildings and common or public areas
in or surrounding the place of employment.

(6) Residence. -- "Residence" includes the yard, grounds,
outbuildings and common or public areas in or surrounding the
residence.

(7) Respondent. -- "Respondent" means an individual alleged
in a petition to have committed an act specified in subsection (a),
section four of this article against a petitioner.

(8) School. -- "School" means an educational facility
comprised of one or more buildings, including school grounds, a
school bus or any school-sponsored function or extracurricular
activities. For the purpose of this subdivision, "school grounds"
includes the land on which a school is built together with such
other land used by students for play, recreation or athletic events
while attending school. "Extracurricular activities" means
voluntary activities sponsored by a school, a county board or an
organization sanctioned by a county board or the State Board of
Education and include, but are not limited to, preparation for and
involvement in public performances, contests, athletic
competitions, demonstrations, displays, organizations and clubs.

(9) Sexual offense. -- "Sexual offense" means the commission
of any of the following sections:

(10) Temporary personal safety order. - "Temporary personal
safety order" means a personal safety order issued by a magistrate
under section five of this article.

WVC 53 - 8 - 2
§53-8-2. Confidentially of proceedings.

(a) General Provisions. -- All orders, findings, pleadings,
recordings, exhibits, transcripts or other documents contained in
a court file are confidential and are not available for public
inspection: Provided, That unless the file is sealed pursuant to
section seventeen of this article or access is otherwise prohibited
by order, any document in the file shall be available for
inspection and copying by the parties, attorneys of record,
guardians ad litem, designees authorized by a party in writing and
law enforcement. A magistrate or circuit judge may open and
inspect the entire contents of the court file in any case pending
before the magistrate's or judge's court. When sensitive
information has been disclosed in a hearing, pleading or document
filing, the court may order such information sealed in the court
file. Sealed court files shall be opened only pursuant to section
seventeen of this article.

(b) (1) Proceedings are not open to the public. -- Hearings
conducted pursuant to this article are closed to the general public
except that persons whom the court determines have a legitimate
interest in the proceedings may attend.

(2) A person accompanying the petitioner may not be excluded
from being present if his or her presence is desired by the person
seeking a petition unless the person's behavior is disruptive to
the proceeding.

(c) Orders permitting examination or copying of file contents.
-- Upon written motion, for good cause shown, the court may enter an order permitting a person who is not permitted access to a court
file under subsection (a) to examine and/or copy documents in a
file. Such orders shall set forth specific findings which
demonstrate why the interests of justice necessitate the
examination, copying, or both, and shall specify the particular
documents to be examined and/or copied and the arrangements under
which such examination, copying, or both, may take place.

(d) Obtaining confidential records. -- Unless both the
petitioner and the respondent waive confidentiality in writing,
records contained in the court file may not be obtained by subpoena
but only by court order and upon full compliance with statutory and
case law requirements.

(a) Who may file a petition. -- A petition for relief under
this article may be filed by:

(1) A person seeking relief under this article for herself or
himself; or

(2) A parent, guardian or custodian on the behalf of a minor
child or an incapacitated adult.

(b) Other remedies generally not precluded. -- By proceeding
under this article, a petitioner is not limited to or precluded
from pursuing any other legal remedy.

(c) Circumstances where article is inapplicable. -- This
article does not apply to a petitioner who is a person eligible for
relief under article twenty-seven, chapter forty-eight of this
code.

(d) Right to file. -- No person may be refused the right to
file a petition under the provisions of this article. No person
may be denied relief under the provisions of this article if she or
he presents facts sufficient under the provisions of this article
for the relief sought.

WVC 53 - 8 - 4
§53-8-4. Petition seeking relief.

(a) Underlying acts. - A petitioner may seek relief under this
article by filing with a magistrate court a petition that alleges
the commission of any of the following acts against the petitioner
by the respondent:

(1) A sexual offense or attempted sexual offense as defined in
section one of this article;

(2) A violation of subsection (a), section nine-a, article
two, chapter sixty-one of this code; or

(3) repeated credible threats of bodily injury when the person
making the threats knows or has reason to know that the threats
cause another person to reasonably fear for his or her safety.

(b) Contents. -

The petition shall:

(1) Be verified and provide notice to the petitioner that an
individual who knowingly provides false information in the petition
is guilty of a misdemeanor and, on conviction, is subject to the
penalties specified in subsection (d) of this section;

(2) Subject to the provisions of subsection (c) of this
section, contain the address of the petitioner; and

(3) Include all information known to the petitioner of:

(A) The nature and extent of the act specified in subsection
(a) of this section for which the relief is being sought, including
information known to the petitioner concerning previous harm or
injury resulting from an act specified in subsection (a) of this section by the respondent;

(B) Each previous and pending action between the parties in
any court; and

(C) The whereabouts of the respondent.

(c) Address may be stricken. - If, in a proceeding under this
article, a petitioner alleges, and the court finds, that the
disclosure of the address of the petitioner would risk further harm
to the petitioner or a member of the petitioner's household, that
address may be stricken from the petition and omitted from all
other documents filed with, or transferred to, a court.

(d) Providing false information. - An individual who knowingly
provides false information in a petition filed under this section
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined not less than $50 nor more than $1,000 or confined in jail
not more than ninety days, or both.

(e) Withdrawal or dismissal of a petition prior to
adjudication operates as a dismissal without prejudice. - No action
for a personal safety order may be dismissed because the respondent
is being prosecuted for a crime against the petitioner. For any
action commenced under this article, dismissal of a case or a
finding of not guilty, does not require dismissal of the action for
a civil protection order.

(f) Venue. - The action may be heard in the county in which
any underlying act occurred for which relief is sought in the
petition, in the county in which the respondent is living, or in the county in which the petitioner is living, either temporarily or
permanently.

WVC 53 - 8 - 5
§53-8-5. Temporary personal safety orders.

(a) Authorized; forms of relief available. --

(1) If after a hearing on a petition, whether ex parte or
otherwise, a magistrate finds that there is reasonable cause to
believe that the respondent has committed an act specified in
subsection (a), section four of this article, against the
petitioner, the magistrate shall issue a temporary personal safety
order to protect the petitioner.

(2) The temporary personal safety order may include any or all
of the following relief:

(A) Order the respondent to refrain from committing or
threatening to commit an act specified in subsection (a), section
four of this article against the petitioner;

(B) Order the respondent to refrain from contacting,
attempting to contact or harassing the petitioner directly,
indirectly or through third parties regardless of whether those
third parties know of the order;

(C) Order the respondent to refrain from entering the
residence of the petitioner;

(D) Order the respondent to remain away from the place of
employment, school or residence of the petitioner: Provided, That
when the respondent is alleged to have committed an act specified
in subdivision (2), subsection (a), section four of this article,
the magistrate may not prohibit the respondent from entering the
respondent's place of employment;

(E) Order the respondent not to visit, assault, molest or
otherwise interfere with the petitioner and, if the petitioner is a child, the petitioner's siblings and minors residing in the
household of the petitioner;

(F) The court, in its discretion, may prohibit a respondent
from possessing a firearm as defined in section seven, article
seven, chapter sixty-one of this code if:

(I) A weapon was used or threatened to be used in the
commission of the offense predicating the petitioning for the
personal safety order;

(ii) The respondent has violated any prior order as specified
under this article; or

(iii) The respondent has been convicted of an offense
involving the use of a firearm;

(G) Order either party to pay filing fees and costs of a
proceeding pursuant to section thirteen of this article.

(3) If the magistrate issues an order under this section, the
order shall contain only the relief necessary to protect the
petitioner.

(b) Immediate. -- The temporary personal safety order shall
be immediately served on the respondent by law enforcement, or at
the option of the petitioner, pursuant to rules promulgated
pursuant to section fifteen of this article.

(c) Length of effectiveness. --

(1) The temporary personal safety order shall be effective for
not more than ten days after service of the order.

(2) The magistrate may extend the temporary personal safety
order to effectuate service of the order or for other good cause.
The failure to obtain service upon the respondent does not constitute a basis to dismiss the petition.

(d) Final personal safety order hearing. -- The magistrate
may proceed with a final personal safety order hearing instead of
a temporary personal safety order hearing if:

(1) (A) The respondent appears at the hearing; or

(B) The court otherwise has personal jurisdiction over the
respondent; and

(2) The petitioner and the respondent expressly consent to
waive the temporary personal safety order hearing.

(a) Respondent's opportunity to be heard. -- A respondent
shall have an opportunity to be heard on the question of whether
the magistrate should issue a final personal safety order subject
to the provisions of this section.

(b) Personal safety order hearing. -- Date and time; notice.

(1) (A) The temporary personal safety order shall state the
date and time of the final personal safety order hearing.

(B) Unless continued for good cause, the final personal safety
order hearing shall be held no later than ten days after the
temporary personal safety order is served on the respondent.

(2) The temporary personal safety order shall include notice
to the respondent:

(A) In at least ten-point bold type, that if the respondent
fails to appear at the final personal safety order hearing, the
respondent may be served by first-class mail at the respondent's
last known address with the final personal safety order and all
other notices concerning the final personal safety order;

(B) Specifying all the possible forms of relief under
subsection (d) of section seven, that the final personal safety
order may contain;

(C) That the final personal safety order shall be effective
for the period stated in the order, not to exceed two years; and

(D) In at least ten-point bold type, that the respondent must
notify the court in writing of any change of address.

WVC 53 - 8 - 7
§53-8-7. Personal safety hearing; forms of relief.

(a) Final personal safety order hearing. --

Proceeding; issuance of order. -- If the respondent appears
for the final personal safety order hearing, has been served with
a temporary personal safety order or the respondent waives personal
service, the magistrate:

(1) May proceed with the final personal safety order hearing;
and

(2) May issue a final personal safety order to protect the
petitioner if the court finds by a preponderance of the evidence
that:

(A) (I) The respondent has committed an act specified in
subsection (a), section four of this article against the
petitioner; and

(ii) The petitioner has a reasonable apprehension of continued
unwanted or unwelcome contacts by the respondent; or

(B) The respondent consents to the entry of a personal safety
order.

(b) A final personal safety order may be issued only to an
individual who has filed a petition or on whose behalf a petition
was filed under section three of this article.

(c) In cases where both parties file a petition under section
four of this article, the court may issue mutual personal safety
orders if the court finds by a preponderance of the evidence that:

(1) Each party has committed an act specified in subsection
(a), section four of this article against the other party; and

(2) Each party has a reasonable apprehension of continued unwanted or unwelcome contacts by the other party.

(d) Personal safety order - Forms of relief. --

(1) The final personal safety order may include any or all of
the following relief:

(A) Order the respondent to refrain from committing or
threatening to commit an act specified in subsection (a), section
four of this article against the petitioner;

(B) Order the respondent to refrain from contacting,
attempting to contact or harassing the petitioner directly,
indirectly, or through third parties regardless of whether those
third parties know of the order;

(C) Order the respondent to refrain from entering the
residence of the petitioner;

(D) Order the respondent to remain away from the place of
employment, school or residence of the petitioner;

(E) Order the respondent not to visit, assault, molest or
otherwise interfere with the petitioner and, if the petitioner is
a child, the petitioner's siblings and minors residing in the
household of the petitioner;

(F) The court, in its discretion, may prohibit a respondent
from possessing a firearm as defined in section seven, article
seven, chapter sixty-one of this code if:

(I) A weapon was used or threatened to be used in the
commission of the offense predicating the petitioning for the
personal safety order;

(ii) The respondent has violated any prior order as specified
under this article; or

(iii)The respondent has been convicted of an offense involving
the use of a firearm; and

(G) Order either party to pay filing fees and costs of a
proceeding pursuant to section thirteen of this article.

(2) If the magistrate issues an order under this section, the
order shall contain only the relief necessary to protect the
petitioner.

(e) Personal safety order - Service. --

(1) A copy of the final personal safety order shall be served
on the petitioner, the respondent, the appropriate law-enforcement
agency and any other person the court determines is appropriate,
including a county board of education, in open court or, if the
person is not present at the final personal safety order hearing,
by first-class mail to the person's last known address or by other
means in the discretion of the court.

(2) (A) A copy of the final personal safety order served on
the respondent in accordance with subdivision (1) of this
subsection or the hearing of the announcement of the court's ruling
in court, constitutes actual notice to the respondent of the
contents of the final personal safety order.

(B) Service is complete upon mailing.

(f) Length of effectiveness. -- All relief granted in a final
personal safety order shall be effective for the period stated in
the order, not to exceed two years.

WVC 53 - 8 - 8
§53-8-8. Modification and rescission.

(a) A personal safety order may be modified or rescinded
during the term of the personal safety order after:

(1) Giving notice to the petitioner and the respondent; and

(2) A hearing.

(b) Modification may include extending the term of the
personal safety order if the order was previously issued for a term
of less than the two-year maximum term set forth in section seven
of this article.

WVC 53 - 8 - 9
§53-8-9. Appeals.

(a) If a magistrate grants or denies relief under a petition
filed under this article, a respondent or a petitioner may appeal
to the circuit court for the county where the magistrate court is
located.

(b) An appeal taken under this section shall be heard de novo
in the circuit court.

(c) (1) If an appeal is filed under this section, the
magistrate court judgment shall remain in effect until superseded
by a judgment of the circuit court; and

(2) Unless the circuit court orders otherwise, modification or
enforcement of the magistrate court order shall be by the
magistrate court.

WVC 53 - 8 - 10
§53-8-10. Statement concerning violations.

A temporary personal safety order and final personal safety
order issued under this article shall state that a violation of the
order may result in:

(1) Criminal prosecution; and

(2) Incarceration, fine or both.

WVC 53 - 8 - 11
§53-8-11. Penalties.

(a) Fines or incarceration. -- An individual who fails to
comply with the relief granted in a temporary personal safety order
or a final personal safety order entered pursuant to this article
is guilty of a misdemeanor and, upon conviction thereof, shall:

(1) For a first offense, be fined not more than $1,000 or
confined in jail not more than ninety days, or both; and

(2) For a second or subsequent offense, be fined not more than
$2,500 or confined in jail not more than one year, or both.

(b) Arrest. -- A law-enforcement officer shall arrest with or
without a warrant and take into custody an individual who the
officer has probable cause to believe is in violation of a
temporary or final personal safety order in effect at the time of
the violation.

WVC 53 - 8 - 12
§53-8-12. Priority of petitions.

Any petition filed in magistrate court under the provisions of
this article shall be given priority over any other civil action
before the court, except actions pursuant to article twenty-seven,
chapter forty-eight of this code and those in which trial is in
progress, and shall be docketed immediately upon filing.

WVC 53 - 8 - 13
§53-8-13. Fees and costs.

(a) Charges for fees and costs postponed. -- No fees may be
charged for the filing of petitions or other papers, service of
petitions or orders, copies of orders or other costs for services
provided by, or associated with, any proceedings under this article
until the matter is brought before the court for final resolution.

(b) Assessment of court costs and fees when temporary order is
denied. -- If the petition is denied, court costs and fees shall
be assessed by the magistrate against the petitioner at the
conclusion of the temporary hearing, unless a fee waiver affidavit
reflecting inability to pay has been filed or prohibited by federal
law.

(c) Costs and fees may not be assessed against a prevailing
party.

(d) Assessment of court costs and fees when personal safety
order is granted. -- Except as in subsection (c), court costs and
fees shall be assessed by the court at the conclusion of a
proceeding, unless a fee waiver affidavit reflecting inability to
pay has been filed.

(e) Assessment of court costs and fees when petitioner moves
to terminate order. -- No court costs or fees shall be assessed
against a petitioner who moves to terminate an order, whether the
court grants or denies the motion.

(f) A person seeking waiver of fees, costs or security
pursuant to section one, article two, chapter fifty-nine of this
code shall execute before the clerk where the matter is pending a fee waiver affidavit which shall be kept confidential. An
additional fee waiver affidavit shall be filed whenever the
financial condition of the person no longer conforms to the
financial condition established by the Supreme Court of Appeals for
determining inability to pay fees or whenever an order has been
entered directing the filing of a new affidavit.

WVC 53 - 8 - 14
§53-8-14. Service by law enforcement.

Notwithstanding any other provision of this code to the
contrary, all law-enforcement officers are hereby authorized and
required to serve all pleadings and orders filed or entered
pursuant to this article on Sundays and legal holidays. No law-
enforcement officer may refuse to serve any pleadings or orders
entered pursuant to this article. Law enforcement shall attempt to
serve all orders without delay: Provided, That service of process
shall be attempted within seventy-two hours of law enforcement's
receipt of the order. If service is not made, law enforcement
shall continue to attempt service on the respondent until proper
service is made.

WVC 53 - 8 - 15
§53-8-15. Rules and forms.

(a) Authorized. -- The Supreme Court of Appeals may adopt
rules and forms to implement the provisions of this article.

(b) Petition form. --

(1) The Supreme Court of Appeals is requested to adopt a form
for a petition under this article.

(2) A petition form shall contain notice to a petitioner that
an individual who knowingly provides false information in a
petition filed under this subtitle is guilty of a misdemeanor and,
on conviction, is subject to the penalties specified in section
four of this article.

WVC 53 - 8 - 16
§53-8-16. Limitation on use of information.

Nothing in this article authorizes the inclusion of
information contained in petition, pleadings or orders provided for
by this article to be submitted to any local, state, interstate,
national or international systems of criminal identification
pursuant to section twenty-four, article two, chapter fifteen of
this code. Nothing in this section prohibits the West Virginia
State Police from processing information through its criminal
identification bureau with respect to any actual charge or
conviction of a crime.

WVC 53 - 8 - 17
§53-8-17. Sealing of records.

(a) Definitions. --

(1) In this section the following words have the meanings
indicated.

(2) "Court record" means an official record of a court about
a proceeding that the clerk of a court or other court personnel
keeps. "Court record" includes an index, a docket entry, a
petition or other pleading, a memorandum, a transcription of
proceedings, an electronic recording, an order and a judgment.

(3) "Seal" means to remove information from public inspection
in accordance with this section.

(4) "Sealing" means:

(A) With respect to a record kept in a courthouse, removing to
a separate secure area to which persons who do not have a
legitimate reason for access are denied access;

(B) With respect to electronic information about a proceeding
on the website maintained by the magistrate court, circuit court or
the Supreme Court of Appeals, removing the information from the
public website; and

(C) With respect to a record maintained by any law-enforcement
agency, by removing to a separate secure area to which persons who
do not have a legitimate reason for access are denied access.

(b) Written request. -- Either party to a petition filed
pursuant to this article may file a written request with the clerk
to seal all court records relating to the proceeding.

(c) Timing. -- A request for sealing under this section may not be filed within two years after the entry of a final order, or
the denial or dismissal of the petition.

(d) Notice, hearing and findings. --

(1) On the filing of a request for sealing under this section,
the court shall schedule a hearing on the request.

(2) The court shall give notice of the hearing to the parties.

(3) After the hearing, the court shall order the sealing of
all court records relating to the proceeding if the court finds:

(A) Good cause to grant the request. In determining whether
there is good cause to grant the request to seal court records, the
court shall balance the privacy and potential danger of adverse
consequences to the parties against the potential risk of future
harm and danger to the petitioner and the community; and

(B) That none of the following are pending at the time of the
hearing:

(I) A temporary personal safety order or protective order
issued against the respondent in a proceeding between the
petitioner and the respondent; or

(ii) A criminal charge against the respondent arising from an
alleged act described in subsection (a) section four of this
article in which the petitioner is the victim.

(e) Access to a sealed record. --

(1) This section does not preclude the following persons from
accessing a sealed record for a legitimate reason:

(A) A law-enforcement officer;

(B) An attorney who represents or has represented the
petitioner or the respondent in a proceeding;

(C) A prosecuting attorney; or

(D) An employee of the Department of Health and Human
Resources.

(2) (A) A person not listed in subdivision (1) of this
subsection may subpoena or file a motion for access to a record
sealed under this section.

(B) If the court finds that the person has a legitimate reason
for access, the court may grant the person access to the sealed
record under the terms and conditions that the court determines.

(C) In ruling on a motion under this subdivision, the court
shall balance the person's need for access to the record with the
respondent's right to privacy and the potential harm of unwarranted
adverse consequences to the respondent that the disclosure may
create.

(f) Compliance with order. -- Within sixty days after entry
of an order under subdivision (3), subsection (d) of this section,
each custodian of court records that are subject to the order of
sealing shall advise in writing the court and the parties of
compliance with the order.
Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.